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Energy Company.
<br />Colorado Department of Public Health and Environment, Hazardous Materials Waste Management
<br />Division, Solid Waste Unit (CDPHE-SWU) was notified of the SL4 bond release application. On
<br />October 19, 2009, Mr. Jerry Henderson of CDPHE-SWU stated in a phone conversation, that
<br />representatives of the Solid Waste Unit did not need or desire to inspect the bond release areas at the
<br />Keenesburg Mine prior to the Division's proposed decision.
<br />Weld County Department of Public Health and Environment was also notified of the SL4 bond
<br />release application. During a telephone conversation with Mr. Troy Swain of Weld County
<br />Department of Public Health and Environment, Solid Waste on September 24, 2009, Mr. Swain
<br />stated that Weld County Department of Public Health and Environment, does not wish to inspect
<br />the Keenesburg Mine with regards to the SL4 bond release. He also noted that the Colorado
<br />Department of Public Health and Environment, Hazardous Materials Waste Management Division,
<br />Solid Waste Unit (CDPHE-SWU) would assess whether or not additional financial assurance was
<br />necessary on areas receiving final bond release by the DRMS. According to Mr. Swain, any
<br />additional financial assurance on DRMS bond-released areas would be held by the CDPHE-SWU,
<br />and not Weld County Public Health and Environment, Solid Waste.
<br />II. CRITERIA AND SCHEDULE FOR BOND RELEASE
<br />PHASE I
<br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable bond amount shall be released when
<br />the permittee successfully completes backfilling, regrading, and drainage control in accordance with
<br />the approved reclamation plan." With regard to Phase I bond release, the approved reclamation plan
<br />for the Keenesburg Strip Mine calls for backfilling mine pits to the approximate original contour
<br />(permit page 113). All parcels included in SL4 (1, 3, 4, 8, 11, 12, 13, 14, 17, 18, 20, 21, 22, 24, 26,
<br />27, and 28) have previously received Phase I bond release approval.
<br />PHASE II
<br />Rule 3.03.1(2)(b) states, "Up to eighty-five percent of the applicable bond amount shall be released
<br />upon the establishment of vegetation which supports the approved postmining land use and which
<br />meets the approved success standard for cover... based on statistically valid data collected during a
<br />single year of the liability period". In regard to Phase II bond release, Rule 3.03.1(3)(b) also states,
<br />"No more than sixty (60) percent of the bond shall be released so long as the lands to which the
<br />release would be applicable are contributing suspended solids to streamflow or runoff outside the
<br />permit area in excess of pre-mining levels as determined by baseline data or in excess of levels
<br />determined on adjacent non-mined areas".
<br />The approved reclamation plan is found in Section 2.05.4 of the permit application. The required
<br />topsoil replacement thickness is two (2) feet. The approved post-mining land use is rangeland. The
<br />Dugout Pond, perimeter ditches, and Pond 2 have been approved to remain as permanent structures.
<br />All parcels included in SL4 (1, 3, 4, 8, 11, 12, 13, 14, 17, 18, 20, 21, 22, 24, 26, 27, and 28) have
<br />C1981-028, SL4 4 10/19/2009
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